Austin Hirschhorn, P.C. | Austin Hirschhorn
The maximum penalty for armed robbery is a term of years to life. The penalty for the lesser offense of attempted armed robbery will depend on the plea agreement you are able to negotiate with the prosecutor that is acceptable to the judge to whom the case is assigned for disposition. It is permissible for the judge to be involved in the agreement under the Cobbs decision.
Answer Applies to: Michigan
Reeves Aiken & Hightower | Arthur K. Aiken
In South Carolina, the general rule is that an attempt to commit an offense has the same penalty as the completed offense. In other words, attempted armed robbery has the same penalty as armed robbery. Armed robbery carries 10 years to 30 years.
Answer Applies to: South Carolina
Myles Hahn III Attorney at Law | Myles Hahn III
It depends on all of the facts of what happened. Was the victim hit over the head with the broken bb gun? Then it can be argued to be a deadly weapon (serious class X felony). Seek qualified attorney representation.
Answer Applies to: Illinois
Herschel Bullen | Herschel Bullen
If a "facsimile" of a gun was used, it's not robbery. It's aggravated robbery which is a first degree felony. The statutes say the following: (1) A person commits aggravated robbery if in the course of committing robbery, he: (a) uses or threatens to use a *dangerous weapon as defined *in Section 76-1-601; Utah Code Ann. ? 76-6-302 (5) ?Dangerous weapon? means:(a) any item capable of causing death or serious bodily injury; or(b) a facsimile or representation of the item, if:(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or(ii) the actor represents to the victim verbally or in any other manner that he is in control of such an item. Utah Code Ann. ? 76-1-601 An attempt lowers the level of this offense by one degree, making it a second degree felony, which bears a sentence of a maximum 15 years in prison. However, there is an an enhancement for use of a "dangerous weapon." The statute states, (2) If the trier of fact finds beyond a reasonable doubt that a dangerous weapon was used in the commission or furtherance of a felony, the court:(a)(i) shall increase by one year the minimum term of the sentence applicable by law; and(ii) if the minimum term applicable by law is zero, shall set the minimum term as one year; and(b) may increase by five years the maximum sentence applicable by law in the case of a felony of the second or third degree. Utah Code Ann. ? 76-3-203.8 So an attempted aggravated robbery bears a maximum possible penalty of 20 years.
Answer Applies to: Utah
Law Offices of John Carney | John Carney
Armed robbery is a B or C violent felony offense. You do not have to use a real gun, it can just be "what appears to be a pistol, rifle, etc." and that carries a sentence that is a "definite sentence" . An attempt to commit a crime is one category lower, which is a C felony, here a C violent felony. The B violent felony of Robbery in the First Degree is 5-25 years in prison. The term is definite because it is one number, such as 5 years and you serve 6/7 of the term. An indeterminate sentence would have a range of years, such as 1-3 years, where you are eligible for parole after one year. After a definite sentence of 5 years or more you would have a period of supervised release such as 5 years or 3 years that is like parole. An attempt to commit a crime is usually one level lower than the actual crime. If it was a C violent felony, then an attempt would be a D violent felony. If you have a prior felony the term is more, and if you have a prior violent felony the maximum is increased to 25 years. You can Google a New York State sentencing chart to see the possible sentences once you know what the person is charged with, but you have to know what their prior record is in order to determine what the possible sentences are.
Answer Applies to: New York
Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
This is more complex than that. It would depend on which jurisdiction and whether you have any priors. My best advice is to hire counsel and not discuss the case with any police or prosecutor beforehand. Remember every prior statement even those discussed with other people can be used against you.
Answer Applies to: Alabama
Pietryga Law Office | Russ Pietryga
*Aggravated Robbery* (Utah Code 76-6-302) *Degree-*Aggravated robbery is a 1st degree felony. *Elements-*A defendant commits a 1st degree felony aggravated robbery if in the course of committing a robbery, they: use or threaten to use a *dangerous weapon *; cause serious bodily injury to another; or take or attempt to take an operable motor vehicle. *Fine-*1st degree felony: A fine not to exceed $10,000 , plus a 90% surcharge. *Restitution-*The court may order a defendant convicted of this crime to pay restitution. *Imprisonment-*1st degree felony: A term of imprisonment not less than 5 years and which may be for life. *DNA Specimen Analysis-*A defendant convicted of a 1st degree felony aggravated robbery must provide a DNA specimen. * * *Firearms-*A defendant convicted of a 1st degree felony aggravated robbery may not posses, use or have control of a firearm or ammunition for life.
Answer Applies to: Utah
Gregory Casale Attorney at Law | Gregory Casale
There is not enough information to answer your question. If you don't already have one, you should absolutely be seeking a lawyer to represent you. If you can't afford one, the court will appoint one for you. Once you have an attorney, he or she should be able to answer that question with your facts, criminal history (CORI) and other details specific to your charges. Good luck. DO NOT EVEN THINK ABOUT HANDLING THIS WITHOUT A LAWYER!
Answer Applies to: Massachusetts
Nelson & Lawless | Terry Nelson
Between 2 - 9 years in prison, depending upon the charges filed and circumstances, plus any enhancements for priors or strikes, plus any probation or parole violations. The phony gun does not reduce sentencing. Anything brandished as a gun, even a finger in a pocket, counts as a gun. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answer Applies to: California
Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
Committing a robbery with a gun carries a mandatory minimum sentence of 5 years! This means that if convicted and the prosecutor elects to have the minimum imposed, the judge has no option to a lesser sentence. You should consult with and retain an attorney to represent you!
Answer Applies to: Pennsylvania
THE LOCKHART LAW FIRM | CLAYTON LOCKHART
A conviction for an "attempt" usually carries the same penalties as a conviction for the completed crime. In Mississippi the maximum penalty for an "armed robbery" is life in prison, thus, a conviction for an "attempted armed robbery" would also have a maximum sentence of life.
Answer Applies to: Mississippi
Pearson, Butler, & Carson, PLLC | Matthew R. Kober
That depends on a multitude of factors. The maximum for a 3rd degree felony is 5 years, the maximum for a 2nd degree felony is 15 years, and a Class A misdemeanor is 1 year. Unless there are aggravating factors in the case or you have a lengthy criminal history, it is unlikely you will get the maximum.
Answer Applies to: Utah